3745-77-04 Transition and application filing dates.

(A) Compliance with existing permits.

Prior to the issuance or denial of the initial Title V permit, the owner or operator of a source for which a timely and complete Title V permit application has been filed pursuant to this rule and rule 3745-77-05 of the Administrative Code shall continue to comply with all effective terms and conditions of permits to install and permits to operate that were issued to one or more emission units at such source in accordance with Chapter 3745-31 or 3745-35 of the Administrative Code. The filing of a timely and complete Title V permit application shall have the same effect as filing an application for a renewal of a permit to operate for purposes of section 119.06 of the Revised Code.

(B) Initial application filing and processing.

Sources required to obtain a Title V permit shall submit an application no later than the date specified below based on the location of the source:

(1) Sources that are located within the areas identified in “Appendix A” of this rule shall file an application in accordance with rule 3745-77-03 of the Administrative Code by no later than sixty days after approval of the Title V permit program.

(2) Sources that are located within the areas identified in “Appendix B” of this rule shall file an application in accordance with rule 3745-77-03 of the Administrative Code by no earlier than sixty-one days after approval of the Title V permit program and no later than one hundred eighty days after approval of the Title V permit program.

(3) Sources that are located within the areas identified in “Appendix C” of this rule shall file an application in accordance with rule 3745-77-03 of the Administrative Code by no earlier than one hundred eighty-one days after approval of the Title V permit program and no later than three hundred sixty-five days after approval of the Title V permit program.

(4) Sources subject to paragraph (B)(1) or (B)(2) of this rule may submit a request at least forty-five days prior to the Title V permit application submittal deadline and request up to a ninety day extension of time to submit a Title V permit application. The director shall act on the request within thirty days or the request will automatically be approved.

(5) Sources within the jurisdiction of the same local air pollution control agency or district office may, by mutual consent of the director and the owners or operators of the sources involved, trade the deadline dates for the submission of initial Title V permit applications under this paragraph.

(C) Notwithstanding the provisions of paragraph (B) of this rule, no initial Title V permit application shall be due less than one year after the effective date of this rule.

(D) A timely application for a source applying for a Title V permit for the first time, other than a source required to file under paragraph (B) of this rule, is one that is submitted within twelve months after the source becomes subject to the Title V permit program. Sources required to have a preconstruction permit under part c or d of title I of the act shall submit a complete title V permit application within 12 months after commencing operation, provided that where an existing title V permit would prohibit construction or operation of such new or modified source, a title V permit revision must be obtained before operation of such new or modified source.

(E) Title V permit renewal applications shall be filed no earlier than eighteen months and no later than six months prior to the expiration of the Title V permit.

(F) Applications for initial Phase II acid rain permits shall be submitted to the director by January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen oxides.

(G) An owner or operator of a Title V source required to meet the requirements of section 112(g) of the Act shall file a Title V permit application within twelve months after commencing operation of a modification subject to that section.

(H) An application filed by the appropriate due date in this rule, and, where necessary, supplemented in accordance with rule 3745-77-05 of the Administrative Code, shall be deemed timely.

Appendix A

Areas of the state where paragraph (B)(1) of rule 3745-77-04 of the Administrative Code is applicable.

COUNTY DESCRIPTION OF AREAS

ASHTABULA ENTIRE COUNTY

BUTLER ENTIRE COUNTY

CLARK ENTIRE COUNTY

CLERMONT ENTIRE COUNTY

CLINTON ENTIRE COUNTY

COLUMBIANA ENTIRE COUNTY

CUYAHOGA PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

44017, 44022, 44101,

44102, 44103, 44104,

44105, 44106, 44107,

44109

DARKE ENTIRE COUNTY

DEFIANCE ENTIRE COUNTY

FRANKLIN PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

43002, 43004, 43026,

43081, 43110, 43137,

43201, 43204, 43207

43209, 43210, 43213,

43215

FULTON ENTIRE COUNTY

GEAUGA ENTIRE COUNTY

GREENE ENTIRE COUNTY

GUERNSEY ENTIRE COUNTY

HAMILTON PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

45001, 45002, 45030,

45051, 45052, 45111,

45202, 45203, 45204, 45212

HOLMES ENTIRE COUNTY

LAKE ENTIRE COUNTY

LAWRENCE PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

45638, 45656, 45659,

45669, 45702

LUCAS PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

43537, 43560, 43566,

43571, 43601, 43604,

43605, 43606, 43607

MEDINA ENTIRE COUNTY

MEIGS ENTIRE COUNTY

MERCER ENTIRE COUNTY

MONTGOMERY PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

45424, 45439, 45444,

45449, 45459

MORGAN ENTIRE COUNTY

MUSKINGUM ENTIRE COUNTY

NOBLE ENTIRE COUNTY

OTTAWA ENTIRE COUNTY

PERRY ENTIRE COUNTY

PREBLE ENTIRE COUNTY

SANDUSKY ENTIRE COUNTY

SHELBY PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

45302, 45306, 45334, 45363

STARK PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

44601, 44626, 44632,

44641, 44646, 44648,

44652, 44662

SUMMIT PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

44087, 44203, 44223, 44224

TUSCARAWAS ENTIRE COUNTY

WARREN ENTIRE COUNTY

WILLIAMS ENTIRE COUNTY

WOOD ENTIRE COUNTY

Appendix B

Areas of the state where paragraph (B)(2) of rule 3745-77-04 of the Administrative Code is applicable.

COUNTY DESCRIPTION OF AREAS

CARROLL ENTIRE COUNTY

CHAMPAIGN ENTIRE COUNTY

COSHOCTON ENTIRE COUNTY

CUYAHOGA PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

44110, 44111, 44112,

44113, 44114, 44115,

44117, 44121, 44123,

44125, 44127

ERIE ENTIRE COUNTY

FRANKLIN PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

43216, 43219, 43223,

43227, 43228

HAMILTON PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

45207, 45209, 45210,

45214, 45215, 45216,

45217, 45219, 45221,

45223, 45226, 45227,

45229, 45230, 45231

HANCOCK ENTIRE COUNTY

HOCKING ENTIRE COUNTY

HIGHLAND ENTIRE COUNTY

HURON ENTIRE COUNTY

JEFFERSON ENTIRE COUNTY

KNOX ENTIRE COUNTY

LICKING ENTIRE COUNTY

LOGAN ENTIRE COUNTY

LORAIN ENTIRE COUNTY

LUCAS PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

43608, 43609, 43611,

43612, 43613, 43614,

43615, 43619, 43624,

43657, 43694

MIAMI ENTIRE COUNTY

MONTGOMERY PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

45309, 45342, 45354,

45373, 45377, 45401,

45402, 45403

MORROW ENTIRE COUNTY

PAULDING ENTIRE COUNTY

PUTNAM ENTIRE COUNTY

RICHLAND ENTIRE COUNTY

SCIOTO ENTIRE COUNTY

SENECA ENTIRE COUNTY

STARK PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

44688, 44701, 44702, 44704

44705, 44707, 44711,

44720, 44730

SUMMIT PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

44278, 44301, 44304,

44305, 44306, 44308,

44310, 44311, 44312,

44315

UNION ENTIRE COUNTY

VAN WERT ENTIRE COUNTY

VINTON ENTIRE COUNTY

WASHINGTON ENTIRE COUNTY

WAYNE ENTIRE COUNTY

Appendix C

Areas of the state where paragraph (B)(3) of rule 3745-77-04 of the Administrative Code is applicable.

COUNTY DESCRIPTION OF AREAS

ADAMS ENTIRE COUNTY

ALLEN ENTIRE COUNTY

ASHLAND ENTIRE COUNTY

ATHENS ENTIRE COUNTY

AUGLAIZE ENTIRE COUNTY

BELMONT ENTIRE COUNTY

BROWN ENTIRE COUNTY

CRAWFORD ENTIRE COUNTY

CUYAHOGA PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

44128, 44130, 44131,

44135, 44136, 44137,

44138, 44139, 44141,

44142, 44143, 44145,

44146 AND THE REMAINDER OF

THE COUNTY FOR WHICH THE

ZIP CODE JURISDICTIONS

WERE NOT LISTED

DELAWARE ENTIRE COUNTY

FAIRFIELD ENTIRE COUNTY

FAYETTE ENTIRE COUNTY

FRANKLIN PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

43229, 43230 AND THE

REMAINDER OF THE COUNTY

FOR WHICH THE ZIP CODE

JURISDICTIONS WERE NOT

LISTED

GALLIA ENTIRE COUNTY

HARDIN ENTIRE COUNTY

HAMILTON PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

45232, 45233, 45237,

45239, 45240, 45241,

45242, 45244, 45246 AND

THE REMAINDER OF THE

COUNTY FOR WHICH ZIP CODE

JURISDICTIONS WERE NOT

LISTED

HARRISON ENTIRE COUNTY

HENRY ENTIRE COUNTY

JACKSON ENTIRE COUNTY

LAWRENCE PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTION 45680

AND THE REMAINDER OF THE

COUNTY FOR WHICH THE ZIP

CODE JURISDICTIONS WERE

NOT LISTED

LUCAS PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTION 43616

AND THE REMAINDER OF THE

COUNTY FOR WHICH THE ZIP

CODE JURISDICTIONS

WERE NOT LISTED

MADISON ENTIRE COUNTY

MAHONING ENTIRE COUNTY

MARION ENTIRE COUNTY

MONROE ENTIRE COUNTY

MONTGOMERY PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

45404, 45407, 45408,

45414, 45420 AND THE

REMAINDER OF THE

COUNTY FOR WHICH THE ZIP

CODE JURISDICTIONS

WERE NOT LISTED

PICKAWAY ENTIRE COUNTY

PIKE ENTIRE COUNTY

PORTAGE ENTIRE COUNTY

ROSS ENTIRE COUNTY

SHELBY PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTION45365 AND THE

REMAINDER OF THE

COUNTY FOR WHICH THE ZIP

CODE JURISDICTIONS

WERE NOT LISTED

STARK PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTION

44706 AND THE REMAINDER OF

THE COUNTY FOR WHICH THE

ZIP CODE JURISDICTIONS

WERE NOT LISTED

SUMMIT PORTION OF THE COUNTY

LOCATED IN ZIP CODE

JURISDICTIONS:

44313, 44314, 44316,

44317, 44318, 44320,

44321, 44328

TRUMBULL ENTIRE COUNTY

WYANDOT ENTIRE COUNTY

All other counties or portions of counties not previously listed.

HISTORY: Eff 4-20-94

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3704.03, 3704.036

RC 119.032 review date: 6-6-01; 6-6-06